Deadline To Designate Periods of Summer Possession In Texas | 2021
Spring Break 2021 is here so that means Summer is just around the corner. This is a friendly reminder that the deadline for non-custodial parents (NCPs) to designate their period of summer possession is quickly approaching.
Per the Texas Family Code’s Standard Possession Order (and generally most possession orders although not all), parents who have been awarded a possession schedule in a divorce decree or custody order need to designate their intended periods of summer possession to the custodial parent or primary conservator by April 1, 2021. Failure to designate a specific period of possession typically results in the default summer period of July 1st at 6:00 p.m. to July 31st at 6:00 p.m.
For the custodial parents or primary conservators, once the other parent has designated their intended period of summer possession (or defaulted to the July period of possession), then the primary conservator has until April 15, 2021 to designate a weekend that replaces or “takes back” a weekend during the NCP’s designated summer possession. This block of time will be from 6:00 p.m. on Friday and end at 6:00 p.m. on Sunday and the primary conservator is responsible for picking up and returning the child(ren), which is different than the normal periods of possession. If the primary conservator fails to designate a weekend by April 15th, then they waive the ability to possess the children during the NCP’s extended period of summer possession.
Don’t forget to notify the other parent of any travel plans or international travel plans if that is required per the existing custodial agreement. If summer plans include international traveling, make sure to request the child’s passport as well if required. Send all notice, whether it be of possession periods or travel plans, in writing.
Not all divorce decrees or custody agreements have the Standard Possession Order language or travel notice requirements, so check your order and contact us at the Ramos Law Group, PLLC if you have any questions or concerns over your summer possession.